A bit of extra information on the Poverty Reduction and Economic Recovery Study Commission. Currently our state is witnessing major job losses in the area of health services. Many of these job losses are directly tied to the current state budget cuts. The members of this commission need to look at not only national data but at the realty of our state's budget cuts on creating a slower economic recovery in our state.

Friday, October 23, 2009

Yesterday the U.S. Senate by a vote of 68-29 passed the Defense Authorization bill. Included in the defense authorization bill was the Matthew Shepard Hate Crimes bill. This bill expanded the categories protected by federal hate crimes legislation to include people with disabilities. In addition language in the bill also extends protections to crimes that are motivated by a persons gender, sexual orientation, or gender identity.

Tuesday, October 13, 2009

Tomorrow legislative members of the Joint Legislative Oversight Committee for Mental Health, Developmental Disabilities, and Substance Abuse Services will return to Raleigh for their second meeting of the interim.

The severity of the budget cuts is being felt in every corner of our state. This is a crisis of historical proportions. Families are receiving the word that their children's support services will be cut drastically or eliminated completely. Providers across the state are facing massive lay offs of employees and in some cases they are closing their doors completely. Families already struggling during this tough economic downturn are being plunged into emotional and further economic distress.

We are calling on our leadership to act as if this is a natural disaster. We are calling on our leaders to take action now and not wait for the start of short session.

We need you to join this effort! If you are in Raleigh tomorrow or if you can plan to be in Raleigh tomorrow, we need you to attend the Legislative Oversight Committee meeting.

The US House of Representatives voted yesterday to extend the protections of the four decades old hate crimes law to people with disabilities.

Reuters is reporting that the vote in the House was 249 in favor to 175 opposed. The bill will broaden the law by extending "hate crimes" to mean "those attacks based on a victim's sexual orientation, gender identity or mental or physical disability".

The legislation will now move to the Senate where it is expected to see little opposition.

This is a long time coming and it has not been easy. Previous attempts were blocked by President George W. Bush.

Thursday, October 8, 2009

Today we received the agenda for the upcoming Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services. The current service dollar cuts are destroying our community. We need you to make your presence known at this meeting. If you are in town please plan to attend and if you can drive in please do so.

IX.Final Remarks and Adjournment

Wednesday, October 7, 2009

October is Disability History and Awareness Month in North Carolina and Disability Employment Month Nationally.

Today CNN ran a story on the dedication of a Helen Keller statue at the capitol building. Each state is able to have two statues at the capitol. Today Alabama will dedicate this new statue in honor of this great disability rights leader.

The article quotes Nancy Starnes, director of external affairs for the Washington-based National Organization on Disability.

"It's always good to realize how much of an impact people with disabilities have made on the history and landscape of our country. "I'm excited that they're going to be doing this. I think it's going to be a wonderful addition."

Thursday, October 1, 2009

Parent Student Involvement ActHistory:On June 2, 2009 the governor signed this bill into law. This bill is meant to provide clear due process for students who are expelled or suspended or recommended for expulsion or suspension for more than 10 days.

What this law provides for students who are expelled or suspended or recommended for expulsion or suspension for more than 10 days:

This law requires local board to give written notice to the student’s parent or guardian by certified mail, telephone, telefax, e-mail, or any other method reasonably designed to achieve notice of the recommended expulsion or suspension.This law defines “parent” as parent, guardian, caregiver, or other person legally responsible for the student.

Written notice will be provided to the student’s parent by the end of the workday during which the suspension/expulsion is recommended.

Written notice must include the following information at minimum:(1) A description of the incident leading to the recommendation that the student be expelled or suspended for more than 10 days;(2) The specific provisions of the student conduct policy or rule alleged to have been violated;(3) The specific process by which the parent may request a hearing to contest the suspension for more than 10 days or expulsion, including the number of days within which the hearing must be requested;(4) The process by which a hearing will be held, including, to the extent provided by law, the student's opportunity to examine evidence and present evidence, to confront and cross-examine witnesses supporting the charge, and to call witnesses to verify the student's version of the incident;(5) The parent is permitted to retain an attorney to represent the student in the hearing process;(6) The extent to which the local board policy permits the parent to have an advocate to accompany the student to assist in the presentation of his or her appeal instead of an attorney; and(7) The parent has a right to review the student's educational records prior to the hearing.

What if my child receives specialized instruction under IDEA and is recommended for suspension/expulsion of more than ten (10) days?

When a child with a disability receives specialized instruction under IDEA and has an IEP,a suspension/expulsion of more than ten days is considered a change in placement. A student with an IEP has additional rights before the student may be suspended or expelled.If there is a change in placement, the relevant members of the IEP team must conduct a manifestation determination review within 10 school days of the suspension. The team must decide if the behavior was caused by the student’s disability or by the school’s failure to follow the IEP. If one of these things caused the behavior, then the behavior is a manifestation of the student’s disability. If the behavior that caused the suspension/expulsion was a manifestation of the student’s disability then the suspension must end and the student must return to school.

The IEP team must develop a Functional Behavior Assessment and Behavior Intervention Plan for the student.

If the behavior that caused the suspension/expulsion was not a manifestation of the student’s disability then the suspension/expulsion may stand. If the suspension/expulsion stands then the student must be provided FAPE during the suspension. The IEP team is not required to develop a Behavior Intervention Plan, but you can ask that one be developed anyway.

If the determination is that the student’s 10 day suspension/expulsion stands, you may still appeal the decision using the due process rules established by the Parent Student Involvement Act.

What You Can Do To Make This Law Effective:1. Make sure that your child’s IEP team is aware of the due process rights of your child under the IDEA and the Parent Student Involvement Act.2. If your child has an IEP and is recommended for suspension/expulsion for more than ten days you need to know your rights. Make sure that your IEP team meets to address the recommendation for suspension/expulsion and conducts a manifestation determination review. Ask for a functional behavior assessment and behavior intervention plan.

Facebook Badge

Power of the Disability Vote!

The Arc of North Carolina 2011 Legislative Agenda.

The Arc of North Carolina advocates for and with families and people with cognitive and developmental disabilities. We believe that the following legislative agenda promotes our goals of advocacy, inclusion, and access to the communities we live in.

The Arc of North Carolina Proposed Policy Agenda 2011

Budget:

The Arc of North Carolina understands the current budget constraints that the state of North Carolina finds itself in due to the economic recession. During this critical time it is more important than ever to protect needed services for people with developmental and intellectual disabilities.We encourage the members of the General Assembly to do the following things to protect the integrity of community-based services for people with developmental and intellectual disabilities in our state.

No additional cuts to state-funded services for people with developmental disabilities.

Apply for 1915 (i) State Plan services for adults with developmental disabilities targeting supports that currently utilize state general fund appropriations and utilizing those funds a Medicaid match.

Add an additional CAP-DD Waiver for people with developmental disabilities who have significant behavioral and or medical needs.

Raise the Supports Waiver limit to 25 thousand dollars.

Utilize the Supports Intensity Scale as an initial eligibility tool for entrance into the CAP waivers with a reconsideration process utilizing other information.

Manage all of developmental disability services from a state system utilizing existing local structures where appropriate.

Housing:Fair Housing Act Amendment.

This legislation prohibits discrimination on the basis or receipt of housing assistance. Many people with disabilities receive housing assistance. This legislation if passed would assist in opening more housing opportunities to the disability community.

Education:Study ways to allow students with developmental disabilities to access current courses in our community college system. Included in this study we must look at ways to offer real job skill training to students with developmental and intellectual disabilities.

The Arc of North Carolina

Welcome to The Arc of North Carolina's official policy blog. The Arc has been serving people with disabilities for more than 50 years. In an effort to reach out to our statewide community about issues that effect us we have established this blog.

Become A Member of The Arc of North Carolina:We encourage you to become a member of The Arc of North Carolina. You can find out more about becoming a member by visiting http://www.arcnc.org/.

Visit Our Facebook Page

Join the debate. Have something to say and want quick feedback? Want to join the social networking craze? We invite you to visit and become a fan of our Facebook Page.

Contact Your North Carolina State Legislators!

Contact Congress!

About Me

Content Disclaimer

Opinions expressed on this blog are not necessarily the opinion of the The Arc of North Carolina or The Arc of the United States.The Arc of North Carolina is a non-profit and non-partisan organization. It does not endorse candidates or political parties.